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2022 Supreme(Ker) 277

RAJA VIJAYARAGHAVAN V.
Anu Jayapal D/o K. Jayapalan – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: K.R. Ganesh, Niharika Hema Raj, Sidharth Sudheer, Elvin Peter P.J.
For the Respondents: Thomas Abraham, A.N. Rajan Babu, B.G. Harindranath, Anima M.

JUDGMENT :

1. Through this petition filed under Article 226 of the Constitution of India, the petitioner challenges Exhibit P8 notification issued by the Manager, Sree Narayana Colleges, a Corporate Educational Agency running various aided colleges and schools in the State of Kerala, calling for applications for appointment to the post of Assistant Professor in English. The challenge is raised primarily on the contention that the notification issued is in violation of the constitutional mandate and the benevolent provisions of the Rights of Persons with Disabilities Act, 2016 (Act 49 of 2016).

2. Short facts are as under:

    (a) The petitioner is a Postgraduate in English and has acquired NET qualification. This fact would be evident from Exhibits P2 to P5 produced before this Court. The Standing Disability Assessment Board attached to the Taluk Head-Quarters Hospital, Chirayinkeezhu has examined her disability and they have concluded that the petitioner is suffering from Congenital Hemiparesis (locomotor disability) to the extent of 50%. The above fact is evident from Exhibit P1 Certificate.

(b) It is contended that the Government of Kerala recognising the mandate under Section 33 of the

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